Position Paper of the Municipal Government Of Bulan Regarding Margaja Mining In Bulan.

Note: from PIO-Bulan to Jun Asuncion

Hereunder is a copy of the Position Paper of the Municipal Government of Bulan on the issues you raised regarding Margaja mining in Bulan.

November 8, 2008

Honorable Iggy T. Arroyo
The Committee Chairman

The Honorable Committee Members
Committee on Natural Resources
House of Representatives
Metro Manila

POSITION PAPER OF THE MUNICIPAL GOVERNMENT OF BULAN, SORSOGON ON HOUSE RESOLUTION NO. 177, “ RESOLUTION DIRECTING THE COMMITTEE ON NATURAL RESOURCES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, INTO THE ILLEGAL EXTRACTION/QUARRYING/MINING OF MAGNETIC SAND IN THE PROVINCE OF SORSOGON PARTICULARLY IN THE MUNICIPALITIES OF SANTA MAGDALENA AND BULAN, SORSOGON”.

Section 138, Chapter 2, Book II of RA 7160 or the Local Government Code of 1991 states, “ xxx . The permit to extract sand, gravel and other quarry resources shall be issued exclusively by the provincial governor, pursuant to the ordinance of the sangguniang panlalawigan…”

We respectfully submit to the Honorable Committee that the issue on the granting of approval and permits to prospectors of and operators on quarry resources is beyond the jurisdiction of the municipal government.

What the municipal government does, upon application by the quarry operation applicant, as part of the application procedure, is to issue a certificate of endorsement that it interposes no objection prior to the securing of the necessary permits and license from the concerned DENR agencies and the provincial government.

It is up to the concerned DENR agencies and the provincial government to judiciously decide whether the necessary requirements have been complied with. Given their technical expertise, which is beyond the scope of this local government, the former can very well determine and decide on the granting of permits on these resources.

As far as the Municipal Government is concerned, we were informed that there was a permittee of magnetite sand quarrying in our locality, first in late 2006, and then the permit was renewed in August of 2008.

On the matter of taxation, it will be up to the provincial government to remit the share to our municipal government and to the concerned barangays where the quarrying is taking place, for the utilization of our local resource.

As to the matter of operation, while it is within our territorial jurisdiction, we are of the presumption that the supervision on compliance to standards set forth by law rests with the agencies concerned who have issued the permit to such an activity.

(Sgd.) HELEN C. DE CASTRO
Municipal Mayor